Brubaker et al v. Tucson, City of et al

Filing 127

ORDER LIFTING STAY and this case is returned to the Court's active docket. IT IS FURTHER ORDERED that the parties shall file the Joint Proposed Pretrial Order by May 22, 2019. See Attached PTO. Signed by Senior Judge David C Bury on 4/22/2019. (MCO)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Richard Brubaker, et al.,

10

Plaintiffs,

11

ORDER

v.

12

No. CV-10-00649-TUC-DCB

City of Tucson, et al.,

13

Defendants.

14
15

The Mandate having issued in this case on April 18, 2019,

16

Accordingly,

17

IT IS ORDERED that the stay is lifted and this case is returned to the Court’s active

18
19
20
21
22
23
24
25
26
27
28

docket.
IT IS FURTHER ORDERED that the parties shall file the Joint Proposed Pretrial
Order by May 22, 2019. See Attached PTO.
Dated this 22nd day of April, 2019.

1
2
3
4

FORM OF PRETRIAL ORDER

5

IN THE UNITED STATES DISTRICT COURT

6

FOR THE DISTRICT OF ARIZONA

7
8
9

Plaintiff,

10
11

v.

12
13
14

Defendant.

)
)
)
)
)
)
)
)
)
)

CV

TUC DCB

JOINT PROPOSED PRETRIAL ORDER

15
16
17
18
19

(Although the text of the pretrial order appears in single space, the actual order submitted by
the parties must be double spaced and conform in all other respects to the Local Rules.)
The following are pretrial proceedings in this cause as agreed to by the parties and
approved by the Court:

20
21
22
23
24
25
26
27
28

I. NATURE OF ACTION
This is an action for: (Short concise statement of the case, including the nature of the
action and the relief sought.)
II. STATEMENT OF JURISDICTION
Statement of jurisdiction: (state the claims and cite the statutes which give this Court
jurisdiction over each claim.)
III. CONTESTED ISSUES OF LAW/FACT
State the ultimate issues of fact and law which must be decided at trial. State only the
issues of fact and law necessary and material for a verdict in this case. Each issue must be
stated separately and specifically.

1
2
3
4
5
6
7
8
9

IV. LIST OF EXHIBITS
Each party shall list the exhibits it intends to offer at trial.
V. LIST OF WITNESSES
Each party shall list the witnesses it intends to call at trial.
VI. JURY TRIAL or BENCH TRIAL
The parties shall state whether the trial is a jury or bench trial.
For a Jury Trial
At the Pretrial Conference, the Court will direct the parties to file proposed voir dire,
objections to exhibits, deposition testimony, stipulated jury instructions, stipulations,
counsel’s additional proposed jury instructions, motions in limine, and trial memoranda 20
days prior to trial. Any opposition shall be filed five days thereafter.

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

For a Bench Trial
At the Pretrial Conference, the Court will direct the parties to file trial briefs,
objections to exhibits, motions in limine, stipulations, and proposed findings of fact and
conclusions of law 20 days prior to trial. Any opposition shall be filed five days thereafter.
VII. PROBABLE LENGTH OF TRIAL
Each party shall identify the estimated length of time it will take to present its case.
VIII. CERTIFICATION
The undersigned counsel for each of the parties in this action do hereby approve
and certify the form and content of this proposed Joint Pretrial Order.
_____________________________
Attorney for Plaintiff

___________________________
Attorney for Defendant